Facts of the Case

The petitioners, being the Principal Chief Commissioner of Income Tax and others, challenged an order dated 31.10.2019 passed by the Central Administrative Tribunal. The Tribunal had ruled in favor of employees (respondents), holding that service rendered prior to transfer on compassionate grounds must be counted for determining eligibility for promotion.

The petitioners approached the High Court arguing against the Tribunal’s reliance on earlier judicial precedents. The matter involved two writ petitions concerning similar issues, which were heard together and disposed of by a common order.

Issues Involved

  1. Whether service rendered by an employee before transfer on compassionate grounds should be counted towards eligibility for promotion.
  2. Whether the Tribunal was correct in relying on earlier precedents despite pending or stayed matters before the Supreme Court.
  3. Whether the High Court should interfere with the Tribunal’s findings under writ jurisdiction.

Petitioners’ Arguments

  • The Tribunal wrongly relied upon precedents such as Union of India v. Chet Ram Meena.
  • The petitioners argued that certain judgments relied upon had been stayed by the Supreme Court.
  • It was contended that since the issue was sub judice before the Supreme Court, the Tribunal should not have followed those precedents.

Respondents’ Arguments

  • The respondents argued that the issue was already settled through multiple judicial pronouncements.
  • They highlighted that appeals against relevant judgments had already been dismissed by the Supreme Court.
  • It was submitted that the principle of counting past service for promotion eligibility is well established and consistently upheld.

Court’s Findings / Order

  • The High Court observed that the issue was already covered by earlier judgments of coordinate benches.
  • It relied on precedents including:
    • Union of India vs Manglalzom Gangte
    • Union of India vs Nitin
    • Supreme Court judgment in C.N. Ponnapan (1996)
  • The Court reiterated that:
    Service rendered before transfer on compassionate grounds is regular service and must be counted for promotion eligibility.
  • The Court found no merit in the petitioners’ arguments regarding pending or stayed matters.
  • Accordingly, both writ petitions were dismissed.

Important Clarification by the Court

  • Transfer on compassionate grounds does not erase prior service experience.
  • Even if seniority is affected (e.g., placement at the bottom), experience remains intact for promotion eligibility.
  • Judicial consistency must be maintained unless overturned by a higher court 

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2020:DHC:1025-DB/AJB12022020CW15992020_132423.pdf

Disclaimer

This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.